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Patna High CourtCR. MISC./47731/2025bail granted

Pankaj Kumar v. The State Of Bihar

2025-10-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47731 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- KASIMBAZAR District- Munger ====================================================== 1.

Pankaj Kumar S/o Deoki Mahto Resident of Chuabag, Belwaghat, Patna Road, PS- Kasim Bazar, District- Patna 2.

Pawan Kumar S/o Deoki Mahto Resident of Chuabag, Belwaghat, Patna Road, PS- Kasim Bazar, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

08-10-2025 Let order dated 16.09.2025 be read, as "Order No. 3", instead of Order No. 4, since it is a typographical error.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 118(2), 351(2), 352, 109, 3(5) of the Bhartiya Nyaya Sanhita.

3. As per F.I.R., it is alleged that these two petitioners along with two sons of petitioner no. 1 assaulted husband of informant with iron rod, causing fracture injury on his leg. It is further alleged that accused persons also assaulted with sharp edge weapons on the back side of neck of husband of informant.

4. Learned counsel for the petitioners contends that F.I.R. has been lodged after a delay of five days and there is no

Patna High Court CR. MISC. No.47731 of 2025(4) dt.08-10-2025 2/2 plausible explanation of delay. Allegation of assault is general and omnibus. Informant is not eye-witness to the occurrence. He further submits that though, there is allegation of assault on leg and neck of husband of informant, but there is no injury report on record to substantiate the allegation made in the F.I.R.

5. Learned A.P.P. for the State opposes the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 40 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T